This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37296

Vol. 63, No. 132

Friday, July 10, 1998

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 301

[REG–104537–97]

RIN 1545–AV11

Guidance Under Subpart F Relating to

Partnerships and Branches; Hearing

Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to the treatment under subpart F of

certain branches of a controlled Foreign

Corporation that are treated as separate

entities for foreign tax purposes.

DATES: The public hearing originally

scheduled for Wednesday, July 15,

1998, beginning at 10:00 a.m. is

cancelled.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190, (not a toll-free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

regulations under sections 702, 952,

954, 956, and 7701 of the Internal

Revenue Code. A notice of proposed

rulemaking and notice of public hearing

appearing in the Federal Register on

Thursday, March 26, 1998 (63 FR

14669), announced that the public

hearing would be held on Wednesday,

July 15, 1998, beginning at 10:00 a.m.,

in room 2615, Internal Revenue

Building, 1111 Constitution Avenue,

NW. Washington, D.C.

The public hearing scheduled for

Wednesday, July 15, 1998, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 98–18432 Filed 7–9–98; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 655

Radiation Sources on Army Land

AGENCY: Office of the Director of Army

Safety, Department of the Army, DoD.

ACTION: Proposed rule.

SUMMARY: This proposed revision of

rules changes the approval authority for

Army radiation permits from

Commander, U.S. Army Materiel

Command (formerly, the U.S. Army

Materiel Development and Readiness

Command) to local installation

commanders. Delegating the approval

authority to the local installation

commanders will reduce delays in

processing permits while enhancing

personal safety of military personnel,

civilian employees and the public. The

proposed revision includes descriptions

of ionizing radiation sources that

require Army radiation permits and

criteria for application approval. The

proposed rule adds the requirement for

an Army radiation permit whenever a

non-Army agency wants to bring onto

Army property a machine-produced

ionizing radiation source capable of

producing a high radiation area.

DATES: Comments must be received by

September 8, 1998.

ADDRESSES: Headquarters, Department

of the Army, Office of the Director of

Army Safety, ATTN: DACS–SF, RM

3D253, Chief of Staff, 200 Army

Pentagon, Washington, DC 20310–0200.

FOR FURTHER INFORMATION CONTACT:

Colonel Robert Cherry, telephone: (703)

695–7291.

SUPPLEMENTARY INFORMATION:

Information Collection Requirements

This proposed rule contains

collection of information requirements

in 32 CFR 655.10. Information

collection is required in support of

issuing an Army Radiation Permit to

Non-Army agencies. The permits are

required for use, storage, or possession

of radioactive material and other

radiation on an Army installation.

Failure to comply with the collection of

information would result in installation

commanders not having knowledge of

the presence of radioactive materials or

other radiation sources on their

installations and not provide adequate

controls to ensure the safety of the

public, civilian employees and military

personnel on the installations. The

Paperwork Reduction Act of 1995, 44

U.S.C. 3507(d) and 5 CFR 1320.11

require Federal agencies to submit

collections of information contained in

proposed rules to the Office of

Management and Budget (OMB) for

review.

To request more details pertaining to

the collection of information

requirements or to obtain a copy of the

proposal and associated collection

instruments, please write to the above

address or call Department of the Army

Reports clearance officer at (703) 614–

0454.

Title: Letter Permit for Non-Army

Agency Radiation Sources on Army

Land.

Needs and Uses: Non-Army agencies

(including civilian contractors) are

required to obtain Army radiation

permits to use, store, or possess

radiation sources on Army installation.

This proposal changes the approval

authority for the permits from

Commander, U.S. Army Materiel

Command (formerly, the U.S. Army

Materiel Development and Readiness

Command) to local installation

commanders.

Affected Public: Business or other for

profit; not-for-profit institutions; state,

local or tribal government.

Annual Burden Hours: 470.

Number of Respondents: 235.

Responses Per Respondent: 1.

Average Burden Per Response: 2.

Frequency: On occasion.

The basic information on the use of

radioactive sources on Army lands was

previously published in the Federal

Register, 45 FR 26958, dated April 22,

1980.

Executive Order 12866

This proposed rule is not a major rule

as defined under Executive Order

12866. The proposed rule does not:

a. Have an annual effect to the

economy of $100 million or more or

adversely affect in a material way the

economy; a section of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

State, local, or tribal governments or

communities;

b. Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / Proposed Rules 37297

c. Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

d. Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Regulatory Flexibility Act

This proposed rule was reviewed with

regard to the requirements of the

Regulatory Flexibility Act. The proposal

does not have a significant impact on a

substantial number of small entities.

Paperwork Reduction Act

Pursuant to the Paperwork Reduction

Act of 1995, the reporting provisions of

this proposed rule have been submitted

to the Office of Management and Budget

for review under Section 3507(d) of the

Act.

In compliance with Section

3506(c)(2)(A) of the Paperwork

Reduction Act, the Office of the Director

of Army Safety, DACS–SF, announces

the proposed public information

collection and seeks public comment on

the provisions thereof. Comments are

invited on: (1) whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (2) the accuracy of the

agency’s estimates of the burden of the

proposed information collection; (3)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and, (4) ways to minimize the

burden of the information collection on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Comments on these requirements

should be submitted to the Office of

Information and Regulatory Affairs,

OMB, 725 17th Street, N.W.,

Washington, DC 20503, marked

‘‘Attention Desk Officer for Department

of Defense.’’ Copies should be sent to

the Office of the Director of Army

Safety, ATTN: DACS–SF, RM 3D253,

Chief of Staff, 200 Army Pentagon,

Washington, DC 20310–0200. When the

Department of the Army promulgates

the Final Rule, the Department will

respond to comments by OMB or the

public regarding the information

collection provision requirements of the

rule.

List of Subjects in 32 CFR Part 655

Environmental protection, Radiation

protection, Reporting and recordkeeping

requirements.

Accordingly, 32 CFR part 655 is

proposed to be revised to read as

follows:

PART 655—RADIATION SOURCES ON

ARMY LAND

Authority: 10 U.S.C. 3012.

§ 655.10 Use of radiation sources by nonArmy entities on Army land (AR 385–11).

(a) Army radiation permits are

required for use, storage, or possession

of radiation sources by non-Army

agencies (including civilian contractors)

on an Army installation. Approval of

the installation commander is required

to obtain an Army radiation permit. For

the purposes of this section, a radiation

source is:

(1) Radioactive material used, stored,

or possessed under the authority of a

specific license issued by the Nuclear

Regulatory Commission (NRC) or an

Agreement State (10 CFR);

(2) More than 0.1 microcurie (uCi)

[3.7 kilobecquerels] (kBq) of radium,

except for electron tubes;

(3) More than 1 uCi (37 kBq) of any

naturally occurring or accelerator

produced radioactive material (NARM)

other than radium, except for electron

tubes;

(4) an electron tube containing more

than 10 uCi (370 kBq) of any naturally

occurring or accelerator produced

NARM radioisotope; or

(5) A machine-produced ionizingradiation source capable of producing

an area, accessible to individuals, in

which radiation levels could result in an

individual receiving a dose equivalent

in excess of 0.1 rem (1 mSv) in 1 hour

at 30 centimeters from the radiation

source or from any surface that the

radiation penetrates.

(b) The non-Army applicant will

apply by letter with supporting

documentation (paragraph c of this

section) through the appropriate tenant

commander to the installation

commander. Submit the letter so that

the installation commander receives the

application at least 30 calendar days

before the requested start date of the

permit.

(c) The Army radiation permit

application will specify start and stop

dates for the Army radiation permit and

describe for what purposes the

applicants needs the Army radiation

permit. The installation commander

will approve the application only if the

applicant provides evidence to show

that one of the following is true:

(1) The applicant possesses a valid

NRC license or Department of Energy

(DOE) radiological work permit that

allows the applicant to use the source as

specified in the Army radiation permit

application;

(2) The applicant possesses a valid

Agreement State license that allows the

applicant to use radioactive material as

specified in the Army radiation permit

application, and the applicant has filed

NRC Form–241, Report of Proposed

Activities in Non-Agreement States,

with the NRC in accordance with 10

CFR part 150, § 150.20 (an Army

radiation permit issued under

provisions of this section will be valid

for no more than 180 days in any

calendar year);

(3) For NARM and machine-produced

ionizing radiation sources, the applicant

has an appropriate State authorization

that allows the applicant to use the

source as specified in the Army

radiation permit application or has in

place a radiation safety program that

complies with Army regulations; or

(4) For overseas installations, the

applicant has an appropriate host-nation

authorization as necessary that allows

the applicant to use the source as

specified in the Army radiation permit

application and has in place a radiation

safety program that complies with Army

regulations. (Applicants will comply

with applicable status-of-forces

agreements (SOFAs) and other

international agreements.)

(d) All Army radiation permits will

require applicants to remove all

permitted sources from Army property

by the end of the permitted time.

(e) Disposal of radioactive material by

non-Army agencies on Army property is

prohibited. However, the installation

commander may authorize radioactive

releases to the atmosphere or to the

sanitary sewerage system that are in

compliance with all applicable Federal,

DoD, and Army regulations. (The

installation commander also will give

appropriate consideration to State or

local restrictions on such releases.)

Raymond J. Fatz,

Deputy Assistant Secretary of the Army

(Environment, Safety and Occupational

Health) OASA (I, L&E).

[FR Doc. 98–17952 Filed 7–9–98; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD 97–086]

RIN 2115–AA98

Anchorage Grounds; Hudson River,

Hyde Park, NY

AGENCY: Coast Guard, DOT.